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2024 Supreme(Online)(KER) 41487

HIGH COURT OF KERALA
SATHYA DHARMAN K.P. – Appellant
Versus
ABDUL SHAREEF – Respondent


JUDGMENT

The claimant in O.P.(M.V.) No.47 of 2019 on the files of the Motor Accidents Claims Tribunal, Vatakara is the appellant herein. Two claim petitions were jointly tried arising out of a single accident.

2. The facts in brief are as follows:

On 15.9.2018 at 12.55 p.m., while the petitioners were travelling in the motorcycle bearing Registration No.KL-18-S-295 from Palayad Nada to Keezhal and when they reached Keezhalmukku, an autorickshaw bearing Registration No.KL-57- 3586 owned and driven by the 1st respondent in a rash and negligent manner dashed against the motorcycle and thereby they sustained serious injuries.

3. The claimant contended that he was working as an Electrician cum Plumber his monthly income was Rs.30,000/-.

Before the tribunal Exts.A1 to A9 were marked from the side of the appellant, whereas, Exts.B1 and B2 were marked from the side of the respondent. Ext.C1 is the Certitifate of Diability issued by the Govt. District Hospital, Vatakara.

4. The tribunal, applying the principles laid down by this Court in Sajeevan v. United India Insurance Company Ltd. [M.A.C.A. No.3601 of 2019] fixed the notional income of the claimant at Rs.11,000/- and awarded compensation as

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